Budget Resolutions

Debate between Drew Hendry and Baroness Winterton of Doncaster

Wednesday 6th March 2024 Commons Chamber

[Drew Hendry]

Thank you, Madam Deputy Speaker. I can make more progress if I am not interrupted, so I do appreciate your advice on that.

Talking about advice, I want to return to Citizens Advice Scotland. It revealed that, in the past four years, it has seen the number of people requesting advice and support on energy bills increase by 14 times. That is a shocking increase. Proper investment in green energy can make sure that people in Scotland never have to face an energy crisis of this scale again.

As I have said, the Chancellor could have helped families with the cost of living by scrapping grossly unfair and unequal energy bill standing charges and using a £12 billion wealth tax to fund a £400 annual energy discount for households; reintroducing mortgage interest tax relief; capping supermarket food prices; and matching the Scottish child payment UK-wide. He could have boosted UK finances, but he chose not to do so. He could have introduced the long-overdue essentials guarantee while scrapping callous policies such as the two-child limit and the benefit cap. One of the most game-changing things he could have done is to finally give up on the failed experiment that has been Brexit, rejoin the EU single market and deliver economic growth.

The Chancellor must help businesses and introduce measures to support the tourism and hospitality industries. We know that businesses have faced a very challenging period with covid, Brexit and the increased costs from all sides, making life more difficult for people across Scotland. That is why the SNP is calling on the Chancellor to reduce the rate of VAT for the tourism and hospitality sector—it is not too late for him to do that; reinstate VAT-free shopping for international visitors; and implement VAT-free streets to support struggling town centres and high streets. If nothing is done to halt their decline and they continue to be ignored, as they have been for too long, communities will suffer and far more tax will be lost in the longer term than it would cost to provide them with some support.

The Government could choose to construct mini enterprise zones, working with devolved Governments and local authorities to agree on which sectors and areas are most in need of support. These sectors could benefit from reductions in VAT or from no VAT at all if the need is great enough. That could be tied to businesses agreeing to pay the real living wage. The chief executive of Marks & Spencer yesterday described operating under the current Government as

“like running up a downwards escalator with a rucksack on your back.”

If the Government can roll out freeports, then why not freeports for people? They could reduce alcohol duty for whisky and other spirits to support Scotland’s thriving whisky sector that adds £7.1 billion to the UK economy. Businesses in Scotland can no longer afford to be held back by the UK’s low-growth economy. The Chancellor should bring in measures to support businesses that have been left paying the price for the UK Government’s disastrous Brexit. It is clear that the SNP is the only party committed to rejoining the EU and giving Scottish businesses the chance to access goods and talent from our 27 closest neighbours.

The Scottish Government are committed to protecting the people of Scotland from some of the worst Westminster policies and are making a real difference to the lives of people in Scotland, despite their limited powers. The cut to the Scottish Government’s capital budget and financial transactions have meant that they have had to take some difficult decisions in this year’s budget, but they are still committed to delivering for the people of Scotland. The SNP fully support the £3.3 billion package the UK Government have delivered for Northern Ireland, and urge the Chancellor to make similar funding available—in line with the Barnett formula—to help the Scottish Government deal with the budget pressures they face.

The Scottish Government are freezing council tax—except in Tory, Liberal Democrat and some Labour councils where those councils think that people should pay more. The Scottish Government are also lifting 100,000 children out of poverty with measures such as the Scottish child payment; providing child winter heating payments to help mitigate additional heating costs for households with the most severely disabled children; providing free school meals to all children in years 1 to 5 and to all eligible children throughout the school; providing all babies in Scotland with the essentials needed for the first six months of a child’s life through the baby box; introducing 1,140 hours of funded early learning and childcare to all three and four-year-olds and eligible two-year-olds; and making bus travel free for 2 million people in Scotland, including all children and young people under the age of 22, eligible disabled people, and anyone aged 60 or over.

That is just a snapshot of some of the landmark policies that the Scottish Government have brought in, and all of them have been achieved against the backdrop of limited powers and being tied to a Westminster system that, as we have seen from today’s Budget, continues to do nothing for the people of Scotland.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Just to emphasise what the Chairman of Ways and Means said, it would be helpful if colleagues confined their remarks to about six minutes, so that we can get everybody in with equal time.

I call the Father of the House.

National Insurance Contributions (Reduction in Rates) Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Committee of the whole House
Thursday 30th November 2023 Commons Chamber

[The First Deputy Chairman]

I call the SNP spokesperson.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Before I come to my point, may I add my own condolences and those of my party to the family and friends of the former Chancellor, Alistair Darling? Clearly, we were on very different sides of the fence, particularly on independence, which was heavily contested nine years ago, but he was a towering intellect and a very important figure in Scottish public life. As I say, we pass on our condolences to his family and friends.

My question is also on the operation of clause 1. HMRC has stated to the Treasury Committee that it is unable to cope with inquiries either in writing or by phone at the moment, and that it is under severe pressure. I, too, would like to know how the clause will be given effect by 6 January, and what measures the Government are taking to ensure that that happens.

Cost of Living and Brexit

Debate between Drew Hendry and Baroness Winterton of Doncaster

Wednesday 14th June 2023 Commons Chamber

[Drew Hendry]

Will the Minister give way?

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Excuse me, but before the Minister has even answered that point, it is not really fair to ask him to give way straightaway.

Israel and the Occupied Palestinian Territories

Debate between Drew Hendry and Baroness Winterton of Doncaster

Thursday 23rd March 2023 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call the SNP spokesperson.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

I congratulate my hon. Friend the Member for Airdrie and Shotts (Ms Qaisar) on securing this urgent question. Clearly, settlement expansion is a major issue in the violence that is continuing to break out. This week, the Israeli Parliament voted to allow Israeli citizens to occupy four sites in the west bank evacuated in the 2005 disengagement. The High Court of Justice has already classified this as private Palestinian land. Clearly, the moratorium that the Minister mentioned is not being respected here.

We know that this is not a simple situation, but there are some simple steps that we can take here to make a difference. Will the Minister support the UK banning trade in Israeli settlement goods? Will she include the UK Government’s own stated position that these settlements are illegal in any and all agreements with Israel and provide for consequences for breach of that? Will she also carry that forward into forthcoming trade deal discussions? Will she stop the export of equipment and arms proven to be repeatedly used in settlement expansion, and will she do it now?

UK-India Trade Deal

Debate between Drew Hendry and Baroness Winterton of Doncaster

Wednesday 26th October 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call SNP spokesperson Drew Hendry.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Welcoming a Minister back to his place is now a standard response, but I welcome the Minister back.

Increased trade, ties and co-operation between India and the UK are welcome, especially in Scotland. However, that should not be at the expense of human and workers’ rights. Will the Minister belatedly guarantee that issues about human rights, the environment and health and safety, along with climate and equality concerns are fully resolved before any deal is signed?

Does the Minister really believe that there is no anger and no problem about the Home Secretary’s comments in India that might cause difficulties for the deal?

Scotch whisky exports to India are already subject to 150% tariffs. New Delhi has threatened even higher tariffs on whisky and gin in retaliation for domestic steel protections. Whisky and gin producers need to know that the UK Government are doing something to reduce those tariffs drastically. What is going on? What will be done to ensure that barriers are not just replaced at Indian state level?

Jagtar Singh Johal remains in an Indian prison without trial. He has been detained since 2017. The UK has had four Prime Ministers and five Foreign Secretaries since his illegal detention. What is the Minister doing during negotiations to right that wrong?

Trade Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Consideration of Lords amendments
Monday 22nd March 2021 Commons Chamber

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP) [V]]

Madam Deputy Speaker, I notice that the countdown timer is running, but I assume that I get the Front-Bench privilege for this speech.

[Madam Deputy Speaker (Dame Rosie Winterton)]

The hon. Gentleman certainly does. It is a mistake if the countdown timer is running.

[Drew Hendry]

Thank you, Madam Deputy Speaker.

The original intent of the Lords amendment on genocide was to bind the Government, to ensure that their trade policy was not actively engaging in propping up the economy of a country that was committing genocide. The SNP regarded that as being reflective of the bare minimum standards of what should be our commitments to human rights and global citizenship. I say “bare minimum” because much more power should be given to that commitment than was contained even in that amendment. We should see an approach along the lines of a comprehensive cross-departmental strategy aimed at preventing atrocities and binding the Government in their behaviour and intent. The original amendment from Lord Alton was a bit hingum-tringum; despite the fact that it was not nearly strong enough, we supported it, as it was at least a step in the right direction. Make no mistake: as we debate the text of this Bill, we are very far away from even that place.

Any idea that we are actively debating accountability on human rights, even on the terms originally intended, is blown apart by the very Government texts that the House is now considering. The Government have maintained that they do not need the law to reflect their commitments to human rights, and that they would not do anything to compromise them. Furthermore, they maintain that their so-called compromise amendment facilitates a new level of commitment, but as soon as one Minister pours honey in the public’s ears, another drops the mask and lets slip the poisonous truth that condemns those warm words as cozenage.

It is clear from the remarks of the Foreign Secretary, who is also the de facto Deputy Prime Minister, that there is absolutely no substance to the Government’s rhetoric about their being champions for human rights at every turn; shamefully, they are willing to actively pursue an unethical trade policy. If there was ever any doubt about the hollowness of the maxim of global Britain, it has rung out loud and clear in the Foreign Secretary’s words. The amendment backed by the Government is completely inadequate in checking their actions. It would bind them to naught, and it is crystal clear that in reality the Government would rather not be subject to any moral position or restriction on their trade policy.

The Government could have committed in the Bill to maintaining existing consumer and labour standards; they turned that chance down, and the public should ask why. The answer is because they are all too willing and ready to sacrifice them to get a deal—any deal. Anyone naive enough to think that that is not the case should look at what is happening with the NHS and human rights. The Government could have taken the opportunity to ensure the protection of all aspects of the NHS from private foreign procurement, but they turned the chance down. Why? Well, in a sign of the times, they have been busy allowing the sale of NHS GP practices to US companies, with the US health insurance giant Centene Corp quietly assuming control of the care of half a million patients in recent weeks. Donald Trump may mercifully be gone, but few will forget the rare moment of honesty when he confirmed that the NHS is on the table in a US-UK trade deal. We all know that it very much still is. His Tory cohorts are still here and have earned zero trust over their deeds and actions.

We now see the Government looking to shirk their commitments on matching their trade policy to our values on protecting human rights. Why? Again, we know exactly why, thanks to the words of the Foreign Secretary. The cat is not only out of the bag, but running feral, alerting the world to the fact that human rights abuses will not matter to the UK. This Government will forgive almost anything in their haste to get a deal—any deal. They turned down the chance to do the right thing. We can hear loudly and clearly that behind the scenes, this does not matter to the Government; publicly, we can see the Government retreating from their legally binding manifesto commitment to international aid spending. The amendment does not do justice to the intentions of Members from all parties who have sought to meet that commitment head-on.

The Government’s empty words on global Britain have no bearing on virtually any aspect of their policy on protecting the most vulnerable around the world, on how we determine any notion of responsibility for who the UK sells arms to, or now, apparently, who we trade with. If this issue were not so serious, it would be laughable that this Government are trying to rest on laurels that simply do not exist. They should wake up to the reality that the UK’s moral standing is already badly damaged. This legislation makes matters worse. With their actions today, the Government have done nothing to repair that standing; they are solely responsible for bringing it into such disrepute.

Today, as the UK Food and Drink Federation publishes details of how exports of beef, pork and cheese to the EU have been savaged, having fallen by more than 80%—for salmon it is 98%, which is in effect an utter wipeout of a major Scottish export—another poll shows that the people of Scotland have had enough of this attitude; it confirms majority support for independence, as does the long-term poll tracking. The people of Scotland see for themselves the economic and moral vacuums being created by this Tory Government. When they look at this shameful situation, they know that the only way to protect our international trade reputation, and to be represented in the way that they want, as global citizens, is if Scotland once again joins the international community as an independent nation.

United Kingdom Internal Market Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Consideration of Lords amendments
Wednesday 16th December 2020 Commons Chamber

[Drew Hendry]

This is an outrage to Scotland. It is not acceptable.

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. The hon. Gentleman must resume his seat, and he knows that. [Interruption.] This is just showing off. He should resume his seat, otherwise I will name him and order him to leave. [Interruption.] Does he want to be named? Is that what is happening? [Interruption.] If that is what is happening, we can do it. [Interruption.] Okay—I will name him. I know what he is doing. [Interruption.] Oh, for goodness’ sake! Very childish.

Drew Hendry, Member for Inverness, Nairn, Badenoch and Strathspey, was named by the Deputy Speaker for disregarding the authority of the Chair (Standing Order No. 44).

Motion made, and Question put forthwith (Standing Order No. 44),

That Drew Hendry be suspended from the service of the House.—(David T. C. Davies.)

Question agreed to.

The Deputy Speaker directed Drew Hendry to withdraw from the House, and the Member withdrew accordingly.

Main Question again proposed.

Question put and agreed to.

Resolved,

That this House agrees with Lords amendments 8P, 8Q, 8R, 8S, 8T and 8U.

United Kingdom Internal Market Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Consideration of Lords amendments
Tuesday 15th December 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

This is what is going to happen. This debate has to finish at 3.10. I want to bring in the Minister at 3.06 to wind up. A lot of hon. and right hon. Members have been sitting in the Chamber from the beginning of the debate. If others come in and intervene, it does take time from those who have been trying to participate and have put their names down to participate. Before I bring in the SNP spokesperson, I have to say that I will now have to reduce the time limit to three minutes and, with that, I still may not get everybody in, so if colleagues want to take fewer than three minutes, I am sure that it would be appreciated by others.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

Thank you, Madam Deputy Speaker. I will do my utmost to whizz through what I can here.

We welcome the Lords amendments seeking to protect both the devolved settlements and the policy divergence across the nations of the UK, but we also know that the Prime Minister and his Tory Government simply detest devolution. All pretence otherwise has been swept away by this Bill, as it puts into action the casual contempt that they have.

The Prime Minister, as we know, believes that devolution is a disaster. Well, we think the same about him. Last night, however, in the Lords, Labour opened the door for the Tories, as they hollowed out devolution, withdrawing support for Lord Thomas’s amendments that challenged the UK Government’s clauses on direct spending in devolved areas. Equally disappointing was Labour’s abstention on the vote for the amendment of Baroness Llandaff to halt the brazen power grab on re-reserving state aid. This is not currently reserved. It is not listed in the reserved powers under schedule 5 to the Scotland Act 1998. It is a devolved power being grabbed back, along with the measures in this Bill in place to overrule decisions taken in Scotland.

I have been quoting absolutely committed Unionists in the other place throughout this debate, and I am grateful to be able to quote them again today. Lord Thomas said:

“The power to control state aid is not reserved. If it were, these amendments would be unnecessary…I ask why the UK Government would not work together with them, consult them before the Bill was produced and try to find a common solution…I fear it is an example of Westminster saying that it knows best, rather than working with the devolved Administrations.”—[Official Report, House of Lords, 14 December 2020; Vol. 808, c. 1486.]

But once again, the Labour Front-Bench team took weak words from the Government as assurances and chose to abstain on that important measure.

Lord Stevenson’s amendment alters schedule 1 so that environmental standards and public health are exempt from market access principles. He warned the UK Government not to make

“the market access principles, which operate automatically, too narrow and too prescriptive. That would fatally undermine the opportunities for devolved Administrations to diverge”.—[Official Report, House of Lords, 14 December 2020; Vol. 808, c. 1457.]

Baroness Bennett highlighted that much leadership on climate change has actually originated from the devolved Governments. Lord Hope explained that his amendments seek to ensure that the UK Government’s commitment to market access principles do not undermine the UK Government’s commitment on the common frameworks. On policy divergence, he warns:

“As the Bill stands, a measure that gives effect to an agreed decision to diverge can be ignored by traders bringing goods in from other areas. This undermines the opportunity to diverge, rendering it worthless and ineffective.—[Official Report, House of Lords, 14 December 2020; Vol. 808, c. 1446.]

Baroness Hayter of Kentish Town provided this summary:

“When the case for Brexit was all about ‘taking back control’, we failed to understand that the Government meant taking control to themselves, even over issues that were fully devolved.”—[Official Report, House of Lords, 14 December 2020; Vol. 808, c. 1447.]

Time and again, across all the nations of the UK, across all parties and none, and across all the affected industries, trade bodies, academia and the legal profession, this Tory Government have been told that the Bill grabs power from devolution and places it here in Westminster. The Bill allows UK Ministers to control spending in devolved areas of economic development, infrastructure, cultural activities, regional development, education, water, power, gas, telecoms, railways, health, housing and justice. The people of Scotland did not vote for the Tories to make these decisions at Westminster. Madam Deputy Speaker, you are far too young to remember the last time the people of Scotland did that, although your grandparents might just have—but only just!

This Bill was born bad to the bone, setting to break international law and break devolution. The Government have been forced to drop some of it, but it remains an aberration and continues its assault on devolution, Scottish public services and public life. The Scottish public, unlike this Government, are listening and watching. They will choose their own path to protect their Parliament and democracy in the near future.

United Kingdom Internal Market Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Report stage & 3rd reading & 3rd reading: House of Commons & Report stage: House of Commons
Tuesday 29th September 2020 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Colleagues will see that many Members want to speak in the debate. We simply will not be able to get through everyone unless speeches are brief. My advice would be for Members to limit their remarks to five or six minutes, but if they do not, I will have to impose a time limit. I would rather not do that, but I am keen that we get as many people in as possible. I call Drew Hendry.

[Drew Hendry]

Thank you, Madam Deputy Speaker. Although I will try to be as quick as I can, this Bill fundamentally affects Scotland, and therefore I have a lot to say about it. It is a pleasure to follow the hon. Member for Bromley and Chislehurst (Sir Robert Neill), who chairs the Justice Committee. It is always a pleasure to listen to him, to the hon. Member for Manchester Central (Lucy Powell) and to the Minister, who is an affable and normally very helpful chap. I have great sympathy for him as he tries bravely but barely conceals his embarrassment at having to drag this shabby Bill through the House.

Before I get to my party’s amendments and our reasoned amendment, let me report on the Bill so far. This Bill sets out to break international law. It sets out to break devolution. It sets in train the biggest power-grab since the Scottish Parliament was reconvened and a race to the bottom on health protections and environmental standards. The flood of amendments simply proves that the Bill lacks credibility. It is reckless, and it is absolutely typical of this Tory Government and their entire process.

United Kingdom Internal Market Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Tuesday 22nd September 2020 Commons Chamber

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

Government amendment 90.

Amendment 89, in clause 2, page 2, line 8, leave out from “requirements)” to end of line 10 and insert

“must meet the relevant requirements of the part of the United Kingdom with the highest level of standards for that sale of that good.”

This amendment would ensure that any good produced, or imported, into the United Kingdom would have to meet the level of standards for sale of that good in the part of the UK with the highest level standards.

Government amendment 91.

Clause 2 stand part.

Amendment 34, in clause 3, page 3, line 24, leave out “consult” and insert “gain the agreement of”.

Clause 3 stand part.

Amendment 73, in clause 4, page 3, line 35, leave out “not”.

The intention of this amendment, linked to Amendment 74, is to ensure that mutual recognition applies to existing legislation as well as future legislation.

Amendment 74, page 3, line 36, leave out from “principle” to end of line 10 on page 4.

The intention of this amendment, linked to Amendment 73, is to ensure that mutual recognition applies to existing legislation as well as future legislation.

Clauses 4 and 5 stand part.

Amendment 35, in clause 6, page 5, line 22, leave out “consult” and insert “gain the agreement of”.

Clauses 6 and 7 stand part.

Amendment 86, in clause 8, page 6, line 40, at end insert—

“(c) the promotion of environmental, social and labour standards.”

This amendment would expand the definition of “legitimate aim” that could permit discrimination against incoming goods to include the promotion of environmental, social and labour standards.

Amendment 36, page 6, line 41, after “State” insert

“, after obtaining the agreement of the devolved administrations,”.

Clause 8 stand part.

Amendment 76, in clause 9, page 7, line 4, leave out “not”.

The intention of this amendment, linked to Amendment 77, is to ensure that the non-discrimination principle applies to existing legislation as well as future legislation.

Amendment 77, page 7, line 8, leave out subsections (2) and (3).

The intention of this amendment, linked to Amendment 76, is to ensure that the non-discrimination principle applies to existing legislation as well as future legislation.

Clause 9 stand part.

Amendment 78, in clause 10, page 7, line 17, at end, insert—

“(2A) In making these regulations, the Secretary of State must have special regard to the need to maintain the integral place of Northern Ireland in the United Kingdom internal market.

The intention of this amendment is to ensure that further exclusions from the application of the access principles have regard to safeguarding unfettered access of NI businesses to the UK Internal Market.

Clause 10 stand part.

Government amendments 5 and 6.

Amendment 79, in schedule 1, page 44, line 40, at end, insert—

“(6A) In the case that there is one REACH authorisation process for Great Britain, an authorisation that is lawful for the Northern Ireland market will be valid for the Great Britain market.”

The intention of this amendment is to apply the non-discrimination principle to the REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) regime.

Government amendment 7.

Amendment 80, page 45, line 2, at end insert—

“(8A) The United Kingdom market access principles do not apply to fisheries within the jurisdiction of Scottish Government Ministers.”

This amendment would exempt fisheries in Scotland from market access principles.

Amendment 87, page 45, line 23, at end insert—

“11 The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) any legislation so far as it relates to public procurement.”

This amendment would include specific reference to public procurement within those areas of regulation that are exempt from market access principles under Schedule 1.

Schedule 1 stand part.

Clauses 12 and 13 stand part.

Government amendments 93 to 95.

Amendment 40, in clause 14, page 9, line 26, at end insert—

“(8A) A reference in this Part to “regulations” must take into account the requirements of section (Maintenance of minimum standards).”

Government amendment 92.

Clause 14 stand part.

Government amendments 97 to 107.

Clause 15 stand part.

Government amendment 108.

Clause 16 stand part.

Government amendments 112 and 111.

Schedule 2 stand part.

Clauses 17 to 20 stand part.

Government amendments 109 and 110.

Clause 21 stand part.

Amendment 81, in clause 22, page 13, line 33, after “23)” insert “or frontier worker”.

This amendment would accord to frontier workers the rights accorded to qualifying UK residents under this clause, to have experience or qualifications awarded in one part of the UK to be recognised in another part.

Amendment 82, page 13, line 34, after “resident” insert “or frontier worker”.

This amendment is linked to Amendment 81.

Amendment 83, page 13, line 39, at end insert—

“(3A) For the purposes of this Part, “Frontier worker” shall have the meaning given in Article 9(b) of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community.”

This amendment is linked to Amendment 81.

Clauses 22 and 23 stand part.

Amendment 84, in clause 24, page 15, line 2, after “resident” insert “or frontier worker”.

This amendment would accord the same rights to frontier workers as to qualifying UK residents under this clause.

Amendment 85, page 15, line 9, leave out “, the resident” and insert “or frontier worker, the resident or frontier worker”.

This amendment is linked to Amendment 84.

Clauses 24 to 26 stand part.

Government amendment 96.

Amendment 27, in clause 27, page 19, line 42, after “training” insert

“that has been agreed and approved by the devolved ministers”.

Clause 27 stand part.

Government new clause 12—Guidance relating to Part 1.

New clause 5—Maintenance of minimum standards—

“Regulations under this Part must not result in lower food or environmental standards applying in any part of the United Kingdom than apply in the European Union.”

New clause 10—Environmental derogation for market access principles—

“The United Kingdom market access principles do not apply to (and sections 2(3) and 5(3) do not affect the operation of) any legislation or other requirement so far as—

(a) its purpose is to protect the environment, and

(b) it is a proportionate means of achieving a legitimate aim.”

The purpose of this new clause is to provide for exceptions and derogations that allow all four UK nations to put in place proportionate measures to protect the environment and improve environmental standards.

Amendment 72, in clause 48, page 38, line 49, at end insert “or

(b) has the effect of making Northern Ireland businesses less competitive in the Great Britain market.”

The intention of this amendment is to include within the definition of distortive or harmful subsidies a subsidy which has the effect of making NI businesses less competitive in the GB market.

Clause 48 stand part.

Amendment 88, in clause 49, page 39, line 2, leave out subsection (1).

This amendment would prevent the United Kingdom Internal Market Act 2020 from being inserted into Schedule 4 of the Scotland Act 1998, meaning that this Bill would not become a “protected enactment” under that legislation.

Clauses 49 and 51 to 53 stand part.

Amendment 4, in clause 54, page 41, line 24, at end insert—

“(2A) The relevant sections of this Act come into force in accordance only if—

(a) a Minister of the Crown has moved a motion in the House of Commons specifying on which date a relevant section comes into force, and

(b) that motion is approved by resolution of the House of Commons.

(2B) The relevant sections for the purposes of subsection (2A) are sections 42, 43 and 45.”

This amendment would prevent any of sections 42 (Power to disapply or modify export declarations and other exit procedures), 43 (Regulations about Article 10 of the Northern Ireland Protocol) and 45 (Further provision related to sections 42 and 43 etc) coming into force before the House of Commons had approved by resolution the date from which they would take effect.

Amendment 9, page 41, line 25, leave out subsections (3) and (4) and insert—

“(2A) The other provisions of this Act may not come into force (and in particular no additions may be made to Part 2 of Schedule 7A to the Government of Wales Act 2006 (specific reservations), Part 2 of Schedule 5 to the Scotland Act 1998 (specific reservations) or Schedule 2 to the Northern Ireland Act 1998 (excepted matters)) until the Prime Minister is satisfied that resolutions have been passed in Senedd Cymru, the Scottish Parliament and the Northern Ireland Assembly in favour of those provisions coming into force.”

This amendment would ensure that no additional powers are reserved to Westminster through this Bill unless the devolved legislatures of Wales, Scotland and Northern Ireland give their consent.

Government amendment 66.

Amendment 39, page 41, line 26, at end insert—

“(3A) Regulations under subsection (3) may not be made before a legislative consent motion relating to this Act has been approved by the each of the devolved legislatures in Scotland, Wales and Northern Ireland.”

This amendment would require the remainder of the Act to have gained consent of the devolved legislatures before coming into effect.

Clause 54 stand part.

New clause 9—UK Council of Ministers—

“(1) The Secretary of State must publish no later than three months from the date on which this Act is passed a framework for a UK Council of Ministers to be agreed by resolution of each House of Parliament.

(2) The responsibilities of the UK Council of Ministers must include—

(a) considering the UK Government’s use of financial assistance for economic development in terms of section 46 of this Act;

(b) considering the terms of any reports prepared by the Competition and Markets Authority in terms of section 29 of this Act;

(c) considering the extent to which its members have acted in a manner consistent with the devolved settlement;

(d) reviewing and considering the impact of any aspect of the internal market of the United Kingdom on any part of the United Kingdom;

(e) requesting that the Secretary of State take specific necessary action to facilitate policy objectives in an area within the competence of the Secretary of State.

(3) The membership of the UK Council of Ministers must include representatives from all parts of the United Kingdom and its devolved administrations.”

This new clause establishes a UK Council of Ministers to ensure the effective functioning of the Internal Market and to examine spending under this Bill.

New clause 11—Review of the Act—

“(1) Within three months of the date on which this Act is passed, the Secretary of State must lay a report before each House of Parliament on the dates on which each section—

(a) was commenced; or

(b) is planned to be commenced.

(2) The Secretary of State must arrange for a review to be carried out within three months of the date on which this Act is passed, and thereafter at least once in each calendar year on the operation of this Act.

(3) The Secretary of State must invite the Scottish Government, the Welsh Government and the Northern Ireland Executive to contribute to the reviews in subsection (2).

(4) The reviews under subsection (2) must make an assessment of—

(a) the functioning of the United Kingdom internal market;

(b) the effectiveness of market access principles;

(c) progress towards agreeing common frameworks with the devolved administrations;

(d) progress towards drawing up a shared prosperity fund framework; and

(e) progress in resolving issues through the Joint Committee machinery in the Withdrawal Agreement.

(5) The Prime Minister must arrange for a report of any review under this section to be laid before each House of Parliament as soon as practicable after its completion.”

The intention of this new clause is to provide Parliament with information on the working of this Act in the context of developing common frameworks.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

As ever, it is a pleasure to serve under your chairmanship, Dame Rosie. This Cummings-directed Tory UK Government are breaking international law, and they are breaking devolution. Behind the innocent-sounding mutual recognition mechanism, the Bill simply starts a race to the bottom on standards with the UK Government imposing it against our will in Scotland.

The Bill will see the Tories mount an assault on devolution with the biggest power grab since the Scottish Parliament was re-established. People in Scotland are seeing through the contempt that the Tory Government and Westminster have for their democratic choices. They are not daft. They know that this shabby, illegal, dogmatic Bill is not designed to fix anything, but it is designed to game the system for vested interests.

It is a fact that existing mechanisms and simple changes to Standing Orders could have worked with consensus instead, but this Government do not believe in consensus, just in getting their own narrow ideological way.

The UK Government’s approach—the diktat—is the opposite of the democratic European single market approach. The development of the EU single market has been based on the principles of equality, co-operation, co-decision, subsidiarity and, of course, consent. Crucially, it sets a baseline of minimum agreed standards with which all member states’ own rules must be compatible. What a contrast with this hasty, badly written, contemptuous Bill. The Government are even having to amend their own Bill as they go along, so shabby is it. Government amendment 109 is necessary to remove clause 20—how slapdash is that?

On the mutual recognition mechanism, clauses 2 to 9 contain sweeping powers to compel Scotland to accept lower standards, set elsewhere in the UK, on animal welfare, food safety and environmental protections, among a host of other areas.

--- Later in debate ---

[Drew Hendry]

Perhaps you should ask your hon. and right hon. Friends on your Back Benches who voted against your own Back Benchers’ amendments to protect—

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. The hon. Gentleman knows that he should not address another hon. Member directly. When he uses the word “you”, he is talking about me, and I am sure he would not want to do that.

[Drew Hendry]

You will notice, Dame Rosie, that it is a very uncommon mistake I have made, in that case. I take the scolding in good grace. Thank you, indeed.

Perhaps the hon. Gentleman would like to ask his colleagues why they voted five times on the Trade Bill and the Agriculture Bill against protecting these standards. We know—the Scottish public know—what this is all about. They are not daft; they see this. They see that this grubby attempt to make sure that we can get a deal—any deal as long as it is not with the EU—is the reason these things are being sacrificed.

This Tory UK Government do not care about the views of the experts that we have quoted here today or of the groups that are concerned about these issues. They do not want to hear those views. They simply want to oversee the biggest power grab in the history of devolution.

Clause 48 reserves state aid. We know that state aid provisions will mirror those of the World Trade Organisation, making an already diminished deal option with the EU even more difficult. Incidentally, Tory claims about the constraints imposed by EU state aid rules are inevitably always exaggerated. Automatic approvals applied to nearly 95% of state aid last year, and this year the EU acted swiftly to sign off on a raft of Government help to aid industry during the pandemic.

United Kingdom Internal Market Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Tuesday 15th September 2020 Commons Chamber

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

I beg to move amendment 28, page 20, line 31, leave out “, Scotland”.

This amendment would exempt from the operation of Part 4 (independent advice on and monitoring of UK internal market) regulatory provisions applying in Scotland which did not apply to the whole of the UK.

[The First Deputy Chairman]

With this it will be convenient to discuss the following:

Clause 28 stand part.

Amendment 29, in clause 29, page 21, line 3, at the beginning insert

“Following legislative approval from all devolved administrations,”.

This amendment would ensure that the CMA may only undertake a review following legislative approval from all devolved administrations.

Clauses 29 to 34 stand part.

Amendment 21, in clause 35, page 26, line 16, at end insert—

“(1A) Prior to publishing the information in subsection (1) the CMA must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland about how it is to approach the exercise of its functions.”

The intention of this amendment is to ensure that the devolved administrations are consulted before the CMA determines how to exercise its functions in regard to the UK Internal Market.

Clauses 35 to 37 stand part.

Amendment 30, in clause 38, page 29, line 22, after “must” insert

“obtain the agreement of the devolved administrations and”.

This amendment would ensure that the Secretary of State cannot decide amount for penalties with CMA without agreement from devolved administrations.

Clauses 38 and 39 stand part.

New clause 1—Dispute resolution mechanism—

“(1) Within the period of two months after the day on which this Act is passed, the Secretary of State must consult the Scottish Ministers, the Welsh Ministers and the Department for the Economy in Northern Ireland about how any disputes relating to the functioning of the internal market will be resolved between the four parts of the United Kingdom.

(2) Within the period of three months after the day on which this Act is passed, the Secretary of State must lay before each House of Parliament a report detailing how any disputes relating to the functioning of the internal market will be resolved between the four parts of the United Kingdom.

(3) Any dispute resolution mechanism established by the Secretary of State must provide for representation from each nation of the United Kingdom.”

The intention of this clause is to help resolve the functioning of the internal market between the four nations of the United Kingdom.

New clause 2—Limits on powers to override common frameworks—

“The Secretary of State shall not make any order or regulations under this or any other Act of Parliament that has the effect of imposing lower standards on Scotland, Wales or Northern Ireland, in any area for which a common framework—

(a) has been agreed,

(b) is in development, or

(c) becomes necessary,

unless, where subsection (b) or (c) above applies, the Secretary of State judges that a reasonable period has passed and the negotiations have failed to reach agreement, and a draft of the order or regulations has been laid before and approved by resolution of each House of Parliament.”

This new clause puts common frameworks on a statutory footing. Where there is a common framework agreed, Ministers would not be able to override them through secondary legislation to impose lower standards on devolved nations. Where a common framework was in development, or a new common framework became necessary, Ministers could not impose standards until the negotiation of common frameworks had taken place between the nations of the UK and failed to reach agreement after a reasonable period. The UK Parliament would be the ultimate arbiter of standards if reasonable agreement could not be reached.

New clause 3—Duty to consult, monitor and report—

“The CMA has a duty to consult with all relevant national authorities and shall produce monitoring reports on

(a) changes in standards, and

(b) assessments of whether standards have been met.”

New clause 4—Appointment of members to the Competition and Markets Authority board by the devolved administrations—

“(1) Schedule 4 of the Enterprise and Regulatory Reform Act 2013 is amended as follows.

(2) After sub-paragraph 1(1) insert—

‘(1A) The members appointed under sub-paragraph (1)(b) must include—

(a) a member appointed by the Scottish Ministers,

(b) a member appointed by the Welsh Ministers, and

(c) a member appointed by the ministers of the Northern Ireland Executive.’”

This new clause gives the devolved administrations the power to each appoint a member to the board of the Competition and Markets Authority.

[Drew Hendry]

Dame Rosie, it is a pleasure to serve under your chairmanship. I rise to talk to amendments 28 to 30 in my name and those of my right hon. and hon. Friends.

When the Institute for Government warned that

“it is not clear how disputes around the functioning of the internal market will be managed”,

it opened up the yawning and damning gap in the plans for the governance of the internal market. As a result of ditching co-operation over common frameworks, this Government propose to fill the gap with an Office for the Internal Market—an unelected quango. I will return to the composition of that body shortly. The Office for the Internal Market will have an effective veto over the Scottish Parliament, and the subsequent result is that devolution will be hamstrung. This is yet another step in introducing a system where standards are set by Westminster and they must be accepted by Scotland in devolved areas.

Analysis by the Scottish Government has revealed that successful Scottish policies such as alcohol minimum unit pricing, our policy on tuition fees and the ban on smoking in public places would be among the Bills referred to the Office for the Internal Market. That has been opposed by many bodies who have shone a light on this. The National Farmers Union Scotland has raised a series of concerns about the function of the Office for the Internal Market’s dispute resolution mechanism in managing policy differences, ensuring that the UK Government do not have the final say on areas of devolved policy, including agriculture, and enabling the devolved Administrations to act where it is considered that a policy aligning in a particular manner is unfavourable to devolved interests such as agriculture.

Of course, it would not have to worry about that if the UK Government had simply continued work on common frameworks. Common frameworks are designed to manage cross-UK divergence where EU law and devolved competencies intersect, including in relation to the functioning of the UK domestic market, together with existing processes for regulatory impact assessment and existing structures for regulatory co-operation and information sharing. Let us be clear: they do not need to be supplemented or undermined by a new, unelected body.

NHS Funding Bill

Debate between Drew Hendry and Baroness Winterton of Doncaster

Legislative Grand Committee & 3rd reading: House of Commons & Legislative Grand Committee: House of Commons & Programme motion: House of Commons & 3rd reading & Programme motion
Tuesday 4th February 2020 Commons Chamber

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

I am grateful to my hon. Friend for allowing me to speak in the English Parliament for the first time. Does he agree that one way to get around this whole EVEL conundrum is simply for the English Parliament to be made officially an English Parliament and then we can all have our own national Parliaments in our own countries?

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Order. I am sure colleagues will appreciate that it is important that we actually talk about the Bill.